Source: Supreme Court

Why in News?

Recently, the bench of Justices Abhay S. Oka and Ujjal Bhuyan heard a case on training of police officials under Section 65B of Indian Evidence Act, 1872 (IEA).

• The aforesaid observation was made in the matter of William Stephen v. The State of Tamil Nadu.

What was the Background of William Stephen v. The State of Tamil Nadu Case?

• The victim, PW-2, an eight-year-old child in third standard, was kidnapped on 20^th October 2010, while returning from tuition.
  • Allegedly, the accused, in a Maruti Car, had claimed the child's father intended to buy a car and had lured him into their vehicle.
• The prosecution had contended that they demanded a Rs. 5 lakh ransom via phone call to Prosecution Witness PW-3.
• The police had arrested the accused at Pallikonda toll gate, Vellore District, rescuing the child.
• The prosecution had relied on call records and testimonies of PW-1 to PW-3 and PW-19, the Investigating Officer.
• Accused nos. 1 and 2 had lodged appeals against the judgment dated 27^th July 2016, passed by the High Court of Judicature at Madras, which upheld their conviction and life sentences under Section 364A of the IPC.
• Prosecution evidence includes call records and testimonies of witnesses. High Court discarded evidence due to lacking Section 65B of IEA certificate.

What were the Court’s Observations?

• The court's observation highlighted a procedural issue regarding the Investigating Officer (PW-19) and the certificate under Section 65B of the IEA.
• The court noted that the Investigating Officer was not aware of the procedure to obtain a certificate under Section 65B, and it acknowledged that the officer could not be blamed for this lack of knowledge since proper training had not been imparted to him.
• Furthermore, the court emphasized the responsibility of the State Government to ensure that police officers receive proper training on under Section 65B of the IEA.

What is Section 65B of Indian Evidence Act, 1872?

• Electronic Records as Documents:
  • Information within an electronic record, whether printed or stored in various media by a computer (referred to as computer output), is considered a document under certain conditions.
  • Such electronic records are admissible in legal proceedings as evidence without the need for further proof or the original document.
• Conditions for Computer Output:
  • The record was produced during regular computer usage for relevant activities.
  • Information similar to that in the electronic record was routinely input into the computer.
  • The computer was operating properly during the relevant period.
  • The information in the electronic record aligns with data fed into the computer during regular activities.
• Treatment of Multiple Computers:
  • In cases where multiple computers were used over a period, they are treated as a single entity for legal purposes.
• Certification for Evidence:
  • A certificate signed by an authorized person describing the production of the electronic record, detailing relevant devices, and addressing conditions specified in subsection (2) serves as evidence in legal proceedings.
• Definitions and Interpretations
  • Information supplied to a computer, directly or indirectly, is considered input.
  • Information supplied for storage or processing by a computer, even if not part of its usual activities, is still considered part of those activities.
  • Computer output is considered produced by a computer, regardless of direct or indirect means.